Disability Diversity in the Workplace Tips for Employers Erica C. Jones Director PACIFIC ADA & IT CENTER (Pacific DBTAC) Who We Are We are the ADA and IT Center for the Pacific Region (Federal Region 9). Our Mission …to build a partnership between the disability community and the general public to promote full and unrestricted participation in society for persons with disabilities through education and technical assistance. What We Do We provide training, materials, and technical assistance on the Americans with Disabilities Act (ADA) and Accessible Information Technology (IT) to: •Businesses •Persons with disabilities •State and local governments Objectives 1.Discuss the changing workforce demographics and explain the importance of diversity inclusion of employees with disabilities. 2.Describe key elements 3.Discuss strategies for making the diversity all inclusive 4.Employer Models Disability Demographics ..According to the U.S. Census Bureau, between 1990 and 2000, the number of Americans w/ disabilities increased 25%. ..Out of 70 million families in the United States, more than 20 million families have at least one member with a disability. Disability Demographics ..2000 Census –53 million Americans ..1 in 5 individuals has a disability ..2010 Projected Census ..1 in 3 individuals has a disability ..Aging leads to disability –baby boomer generation reaches 55 plus Ethnic Minority Demographics ..All Employees 43,995,543 ..White 31,141,848 ..Minority 12,853,695 ..Black 6,177, 400 ..Hispanic 4,547,834 ..Asian/PI 1,873,998 ..AMID/Alaskan 254,463 Diversity ..Diversity is not a problem to be managed away, but rather an opportunity to develop greater personal and organizational effectiveness. Revisit Diversity ..Most agree that cultural diversity (including disability) in the workplace uses our country’s skills to its fullest. ..The reality of the situation is that it hasn’t happened and progress remains slow. ..Even with the inception of the ADA 2/3 of people with disabilities are not working Disability Job Accommodations ..Job accommodations can increase the pool of qualified employees. ..Job accommodations can create opportunities for persons with functional limitations. Company Benefits from Accommodating Employees with Disabilities ..Hired or retained a qualified employee 56% ..Eliminated cost of new employee training 31% ..Saved insurance costs 38% ..Increased the worker’s productivity 54% ..Other 25% Note: This total is over 100% as companies often experience more than one benefitSource: Job Accommodation Network (JAN) Accommodation Costs Reported by Businesses ..No Cost19% ..Between $1 and $50050% ..Between $501 and $1,00012% ..Between $1,001 and $2,0007% ..Between $2,001 and $5,0009% ..Greater than $5,0003% Source: Job Accommodation Network (JAN) Who is Covered? ..Individuals with physical or mental impairments that substantially limit one or more major life activities; ..In the presence of mitigating measures ..(Review state law) ..Individuals who have a record of such an impairment; ..Individuals who are regarded as having such an impairment ..Able to perform the essential functions with or without reasonable accommodation; ..Meets the requisite skill and qualification standards “Qualified”Individual with a Disability Qualification Standards ..Must be job related and consistent with business necessity ..May not discriminate on the basis of disability ..Limiting, segregating and classifying on the basis of disability is unlawful REASONABLE ACCOMMODATION ..Modification or adjustment to a job, the work environment, or the way things usually are done. When is it required? Reasonable accommodation is required in three areas: ..application process ..performance of the essential functions of a job ..enjoyment of equal benefits and privileges of employment Principles of Reasonable Accommodation ..Effective reasonable accommodation process must be interactive (employer and applicant or employee) ..A reasonable accommodation must be an effective accommodation. ..The reasonable accommodation obligation applies only to accommodations that reduce barriers to employment as they relate to an individual’s disability. Principles of Reasonable Accommodation ..A reasonable accommodation need not be the preferred accommodation as long as it is effective. ..An employer is not required to provide an accommodation that is primarily for personal use. ..ADA requirements do not prevent an employer from providing accommodation beyond what is required by the ADA. Disclosure of Disability and Accommodations ..Disclosure is not required unless a specific accommodation is being requested. ..Employers may not ask about the need for an accommodation via questions on the application Forms of Reasonable Accommodation ..Job Restructuring ..Modified or Part-Time Schedule ..Modification of Policy or Procedure ..Purchase or Modify Equipment ..Auxiliary Aids and Services ..Reassignment to Vacant Position Job Restructuring ..Reallocating or redistributing marginal job functions that an employee is unable to perform because of a disability ..Altering when and/or how a function, essential or marginal, is performed. Modified or Part-Time Schedule ..Adjusting arrival or departure times ..providing periodic breaks ..allowing use of accrued paid leave ..providing additional unpaid leave Modification of Policy or Procedure ..Modify dress code to accommodate use of specialized shoes or other clothing due to disability or ethnicity ..Allow individual to “do things differently” than everyone else does as long as it does not pose an undue hardship or fundamentally alter the nature of the activity ..Allow service animal in the workplace Purchase or Modify Equipment Product Picture Auxiliary Aids and Services ..Sign Language Interpreters ..Real-time captioning ..Assistive Listening Devices ..Telephone Amplifier ..TTY ..Large Print/Braille/Audio REMEMBER: ..Accommodation is a dynamic process and additional accommodations may be needed due to change of duties, changes in the individual’s condition, etc. Tax Benefits ..IRS Code 44 (Credit) ..30 employees or less OR annual gross receipts of less than $1M ..50% of expenditures between $250 and $10,250 (Maximum $5,000 year) ..IRS Code 190 (Deduction) ..$15,000 per year for removal of architectural and communication barriers Resources for More Information Pacific ADA and IT Center 800-949-4232 www.pacdbtac.org Equal Employment Opportunity Comm. 800-669-4000 http://www.eeoc.gov Job Accommodation Network 800-526-7234 http://www.jan.wvu.edu IRS (Tax Credits/Deductions) 800-829-4933 www.irs.gov Still Have Questions? CONTACT US: By telephone 800-949-4232 (v/tty)National 510-285-5600 (v/tty)California 510-285-5614 (fax) By e-mail adatech@pdbtac.com By internet www.pacdbtac.org Disability Diversity in the Workplace: Walking the Talk Text Box: Valerie McCann Woodson Human Resource Manager Public Health Institute ..Philosophy ..Policy ..Practices Philosophy ..Every person has the necessary resources available to do their job most effectively ..Work processes that are beneficial to one are usually beneficial to the whole ..Deliberate in eliminating institutional discrimination Policy ..“will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, …and will take affirmative action to ensure that applicants are employed and employees are treated during employment without regard to these characteristics.”Personnel Policy Manual Practices ..Recruitment ..Job Descriptions: Fair and Accurate ..Advertisement strategy includes disability organizations ..Hiring ..Nondiscriminatory ..Careful/Thorough ..Employment ..Acceptable Accommodations ..Job Analysis ..Communication Benefits ..Higher skill level –not missing out on potential high contributors because of discriminatory practices ..Universal Accommodations -increased accessibility and flexibility for all ..Corporate culture –broader view of inclusion and improved understanding in dealing with customer base (1/5 have a disability) ..Compliance Disability Diversity in the WorkplaceWells Fargo Wells Fargo WorkWorkAbilityAbilityLinda Watkins,Linda Watkins,WorkWorkAbilityAbilityConsultantConsultant Disability Diversity in the Workplace ..Wells Fargo Diversity Vision Statement ..Defining the Challenge / Creating the Response ..Action to Support Vision ..Referral Process ..Value of Including Disability in Diversity ..External Resources Diversity Vision Statement Wells Fargo team members should expect to work in an environment where each person feels valued for individual traits, skills and talents, and has the opportunity to fulfill ambitions and contribute to success in the company. Defining the Challenge Creating the Response Drivers in the 1990’s ..ADA / Compliance Issues –New Hires & Existing Team Members ..Mergers and Acquisitions ..Disability Program Coordination (Short-term disability, long-term disability and Workers’Compensation) ..People as a Competitive Advantage (PACA) Disability Management Services .Work Accommodation Dept .WorkAbility Action to Support Vision Wells Fargo is committed to the interactive accommodation process and WorkAbilityhelps coordinate this process. ..WorkAbilityprovides stay-at-work and return-to-work opportunities for team members with conditions or restrictions which may impair their ability to fully perform job functions ..WorkAbilityassists in evaluating and implementing accommodation solutions for new hires ..WorkAbilityhelps educate managers regarding compliance and accommodation successes Referral Process ..Nearly 40% of the requests for assistance come directly from team members ..Supervising managers, human resources consultants, Employee Assistance Consulting (EAC), and employee relations professionals may also contact WorkAbility Value of Including Disability in Diversity -Examples ..Recruitment –removing barriers to hiring the best qualified candidates ..Return-to Work –helping team members return to productive work after onset of a disability ..Retention –formal job search programs to retain skilled, experienced team members with disabilities Disability in Diversity Examples ..PACA –demonstrating that all team members are valued, appreciated and can contribute to competitive advantage ..Outstanding Service –enabling us to better serve our customers and communities ..Compliance –satisfying state and federal legal obligations External Resources ..JAN ..ADA Technical Assistance Centers – Pacific ADA & IT Center ..State Rehabilitation Agencies ..Advocacy Groups ..Vendors Still Have Questions? CONTACT US: By telephone 800-949-4232 (v/tty)National Number 510-285-5600 (v/tty)California 510-285-5614 (fax) By e-mail adatech@pdbtac.com By internet www.pacdbtac.org